November 2025 Nevada Flats police shooting ruled justified by DA

COLORADO SPRINGS, Colo. (KRDO) -- Colorado Springs police officers' use of deadly physical force in the Nov. 13, 2025, shooting off Nevada Flats has been ruled as justified by the 4th Judicial District Attorney’s (DA) Office.

The full report can be read below:

The Colorado Springs Police Department says they were called out to the area around 11:30 p.m. after a resident identified as Cody Flahive reported a burglary that may have involved a weapon.

According to Flahive, there had been an early incident where he had stepped in to help a female security guard who had been hit by another man. Flahive told police that the man who hit the female had threatened to return with a gun and was trying to break into his room.

The DA reports that when Officer Austin Hornberger arrived, he went to Flahive's room, and when Flahive stepped out to meet with police, a man identified as Joshua “Erick” Duncan walked out of a separate room, holding what appeared to be an AK-47 rifle to police, pointed down, on his right side, staring directly at Flahive.

The DA claims that two others, who have been identified as Justin Bugawisan and Ashley Pryor, followed Duncan out of the room. According to court documents, the DA found that Duncan raised his rifle at the officer.

Officer Hornberger then fired four shots at Duncan, hitting Bugawisan and Pryor, who were still standing behind him, says the DA.

The DA says Officer Hornberger then retreated, and after additional officers arrived, Duncan then complied with police commands and let officers know someone was injured. Duncan was then taken into custody, according to the DA.

On April 10, the DA announced that the use of deadly force by Colorado Springs Police Officer Hornberger on Nov. 13, 2025, was justified, "based on all the facts and circumstances of this case under the laws of the State of Colorado."

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